Relating to the governance and territory of the Harris County Flood Control District.

89(R) HB 2068 - Introduced version - Bill Text

89R5579 MP-D

By: Paul

H.B. No. 2068

A BILL TO BE ENTITLED

AN ACT

relating to the governance and territory of the Harris County Flood

Control District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 360, Acts of the 45th Legislature,

Regular Session, 1937, is amended by amending Sections 1, 2, 2A, 3,

4, 5, 6, 7, 8, 9, 10, 11, 12, 12-a, and 12-b and adding Sections 1A,

1B, 1C, and 1D to read as follows:

Sec. 1. Harris County Flood Control District Created. There

is hereby created and established within the State of Texas, in

addition to the districts into which the State has heretofore been

divided, in the form and manner hereinafter provided, a

conservation and reclamation district to be known as Harris County

Flood Control District, hereinafter called the District[
, and

consisting of that part of the State of Texas which is known as and

included within the boundaries of the County of Harris
]. Such

District shall be a governmental agency and body politic and

corporate, with the powers of government and with the authority to

exercise the rights, privileges, and functions hereinafter

specified, the creation and establishment of such District being

essential to the accomplishment of the purposes of Section 59 of

Article XVI of the Constitution of the State of Texas, as amended,

including the control, storing, preservation, and distribution of

the storm and flood waters, and the waters of the rivers and streams

within the bounds of the District
[
in Harris County
] and their

tributaries, for domestic, municipal, flood control, irrigation,

and other useful purposes, the reclamation and drainage of the

overflow land
within the bounds of the District
[
of Harris County
],

the conservation of forests, and to aid in the protection of

navigation on the navigable waters by regulating the flood and

storm waters that flow into said navigable streams.

[
The Commissioners Court of Harris County, Texas, is hereby

designated as the governing body of such District and the agency

through which the management and control of the District shall be

administered, and it is hereby empowered to do any and all things

necessary to carry out the aims and purposes of this Act.
]

Sec. 1A. DEFINITIONS. In this Act:

(1) "Board" means the governing body of the district.

(2)

"District" means the Harris County Flood Control

District.

(3)

"Presiding officer" means the presiding officer of

the board.

(4) "Secretary" means the secretary of the board.

(5) "Treasurer" means the treasurer of the board.

Sec.

1B.

DISTRICT TERRITORY. The district's boundaries are

coextensive with the boundaries of Harris County unless the

district's territory has been modified under:

(1) Section 1C of this Act;

(2) Subchapter J, Chapter 49, Water Code; or

(3) other law.

Sec.

1C.

ADDITION OF ADJACENT COUNTY TO DISTRICT.

(a)

The

commissioners court of a county adjacent to Harris County may

petition to join the district by resolution of the commissioners

court.

(b)

The board by resolution may approve the addition of the

county to the district if, after a hearing on the resolution, the

board finds that the addition of the county would benefit the

district.

(c)

The addition of a county to the district under this

section is not final until ratified by a majority vote of the voters

in the county to be added voting in an election held for that

purpose.

(d)

The ballot for the election shall be printed to provide

for voting for or against the proposition:

"The inclusion of

_____________ (name of county) County in the Harris County Flood

Control District."

Sec.

1D.

BOARD; TERMS. (a)

The board is composed of five

members who are appointed by the governor with the advice and

consent of the senate.

(b)

The members of the board hold office for staggered terms

of four years, with the terms of two or three members expiring

January 1 of each odd-numbered year. Each member holds office until

a successor is appointed and has qualified.

(c)

The governor shall designate one member as the presiding

officer of the board to serve at the will of the governor.

The board

shall elect from among its members a secretary and a treasurer and

other officers the presiding officer considers necessary.

(d)

A member of the board may not receive compensation but

is entitled to reimbursement of the travel expenses incurred by the

member while conducting the business of the board.

Sec. 2. Added Powers. In addition to the powers given to the

Board
[
Commissioners Court
] by General Laws and in addition to the

general powers herein given, it shall be authorized in connection

with the [
Harris County Flood Control
] District to exercise the

following added rights, powers, privileges, and functions:

a. To acquire land and rights and interest therein and any

other character of property needed to carry on the work of flood

control, by gift, devise, purchase, or condemnation;

b. To sell, trade, or otherwise dispose of land or other

property or rights therein when the same are no longer needed for

the project or flood control purposes;

c. To
hire
[
appoint
] a flood control manager and
other

[
such
] agents and employees [
of the County
] for flood control

purposes as may be necessary, including an engineer and counsel,

and to prescribe their duties and fix their bonds and compensation;

d. To authorize its officers, employees, or agents to go

upon any lands lying within the District for the purpose of making

surveys and examining the same in connection with flood control

plans and projects, and for any other lawful purpose within the

scope of its authority;

e. To devise plans and construct works to lessen and control

floods; to reclaim lands in the District; to prevent the deposit of

silt in navigable streams; to remove obstructions, natural or

artificial, from streams and water courses; to regulate the flow of

surface and flood waters; and to provide drainage where essential

to the flood control project;

f. To exercise all powers, rights, privileges, and

functions conferred by general law upon flood control districts

created pursuant to Section 59 of Article XVI of the Constitution of

Texas [
, as amended, so far as the same may be applicable to Harris

County and essential to the flood control project
];

g. To cooperate with and contract with the United States of

America or with any of its agencies now existing, or which may be

created hereafter, for grants, loans, or advancements to carry out

any of the powers or to further any of the purposes set forth in this

Act and to receive and use said moneys for such purposes; or to

contribute to the United States of America or any of its agencies in

connection with any project undertaken by it affecting or relating

to flood control in
the District
[
Harris County
];

h. To cooperate [
with,
] or [
to
] contract with
a municipality

or county within the District
, [
the City of Houston, or
] any

adjacent county, or any agency or political subdivision of the

State [
, or any city or town within Harris County
] in relation to

surveys, the acquisition of land or right of ways, the construction

or maintenance of projects or parts thereof or the financing of the

same in connection with any matter within the scope of this Act;

i. To sue and be sued in any proper case under the laws of

this State; and all courts shall take judicial notice of the

establishment of the said District; and

j. To do any and all other acts or things necessary or proper

to carry into effect the foregoing powers.

Sec. 2A. Right to Remove Property. [
(a)

In this section,

"district" means the Harris County Flood Control District.

[
(b)
] In order to carry out district purposes, the district

may remove real or personal property placed on land owned by the

district or land subject to an easement held by the district,

regardless of when the real or personal property was put in place

and without the consent of the owner of the property. The district

must send notice by certified mail to the owner of property on which

the district intends to act under this section. Not earlier than

the 30th day after the date the notice is sent, the district must

send a second notice by certified mail. The district may use

existing civil lawsuit processes against the owner of the property

to recover the cost of removing the property not earlier than the

30th day after the date the second notice was received.

Sec. 3. Petition for Hearing. A petition may be filed with

the
Board
[
County Clerk of Harris County for submission to the

Commissioners Court
], signed by not less than fifty (50) qualified

property taxpaying voters resident of
the District
[
said County
]

who own and assess property therein, accompanied by the certificate

of the Assessor and Collector of Taxes showing that such persons

have correctly stated the facts with respect to their

qualifications to sign the petition, which petition may request the

submission to the qualified voters the question of the issuance of a

named amount of bonds for flood control purposes under the

provisions of Section 59 of Article XVI of the Constitution of the

State of Texas, as amended. Said petition shall set out the general

nature of the work to be done, the necessity therefor, the

feasibility thereof, and a reasonable amount of detail with respect

to the matters alleged, sufficient to inform the
Board

[
Commissioners Court
] fully of the purpose, utility, feasibility,

and necessity therefor. The petition shall state the estimated

cost of the project as then estimated and its operating costs and

shall give such additional information as may be available for the

purpose. The petition shall request that the
Board
[
Commissioners

Court
] hear evidence of the feasibility, practicability, and cost

of the project and whether or not the same would be a public benefit

and is needed, and that an election be called to determine whether

or not said bonds shall be issued.

Sec. 4. Notice of Hearing. Notice of such hearing shall be

given by publication once a week for two (2) consecutive weeks prior

to the date fixed for such hearing and exclusive thereof in a daily

newspaper published in
the District
[
Harris County
] which said

notice shall consist of a certified copy of the petition and of the

order of the
Board
[
Court
] setting the same for hearing and shall be

signed by the
presiding officer
[
County Judge
]. In addition

thereto, the Sheriff of
each county in the District
[
Harris County
]

shall post at least fifteen (15) days prior to the date of hearing,

one copy of said notice at each of four (4) public places in
each

county in the District
[
Harris County
] and one copy thereof at the

Courthouse door
of each county in the District
, and said sheriff and

the editor of the newspaper in which said notice is published shall

make due return under oath showing the dates of posting and

publication, respectively.

Sec. 5. Hearing. The
Board
[
Commissioners Court
] shall

have jurisdiction to hear, consider, and determine the matters

brought before it in said petition and by the evidence produced in

favor of and against the proposition to issue bonds. The hearing

may be continued from day to day. Should the
Board
[
Court
] refuse

said petition it shall so find and its orders shall be recorded in

its minutes refusing said petition and giving its reasons therefor.

Should the
Board
[
Commissioners Court
] determine that the

proposition to issue such bonds should be submitted at an election

called for the purpose it shall thereupon enter its order making its

findings with respect to the matters herein provided for and shall

be authorized to submit in accordance with the provisions of the

Constitution and with Subdivisions 1 and 2 of Title 22 of the

Revised Civil Statutes of Texas of 1925, to an election of the

qualified property taxpaying voters resident of
the District
[
said

County
] who own and assess property therein, the question of a bond

issue for the purpose of providing said funds, and
the District

[
said County
] is given the right, after a majority vote of the

electors qualified as herein required in favor of the proposition

to issue bonds, to issue flood control bonds as authorized by

Section 59
of Article XVI
of the Constitution of the State of Texas,

as amended, upon a compliance with the provisions of Subdivisions 1

and 2 of Title 22, Revised Civil Statutes of Texas of 1925, and with

this Section, and within the limitations therein prescribed; and to

levy and assess upon all the property subject to taxation in
the

District
[
said County
], and thereafter to collect such taxes as may

annually be required to pay the interest on the bonds voted at said

election and to create a sinking fund sufficient to retire said

bonds at maturity; provided that additional bonds may be issued

from time to time in like manner and under the same procedure.

Provided further, however, that the initial issuance of bonds

shall not be for a sum which will require a tax rate in excess of

Fifteen (15) Cents on the one hundred dollars valuation on the

property within said District, nor shall any subsequent issue of

said bonds be authorized the effect of which will be to increase the

tax rate for all outstanding bonds of said District including such

issue to an amount in excess of Fifteen (15) Cents on the one

hundred dollars valuation to pay the interest on said bonds and to

create a sinking fund to retire the same at maturity.

Sec. 6. Bond record. Before any [
Harris County Flood

Control
] District bonds authorized by this Act shall be sold, a

certified copy of the proceedings for the issuance thereof

including certificates showing the bonded indebtedness of the

District, certificates showing the assessed values of the property

in
[
of
] the
District
[
County
], and certificates reflecting any

other information which the Attorney General of the State of Texas

may require, shall be submitted to the Attorney General; and if he

shall approve such bonds, he shall execute a certificate to that

effect, which shall be filed in the office of the Comptroller of

Public Accounts of the State of Texas.

No bonds shall be sold until the same shall have been

registered by the Comptroller who shall so register the same if the

Attorney General shall have filed with the Comptroller of Public

Accounts of the State of Texas his certificate approving the bonds

and the proceedings for the issuance thereof, as hereinabove

provided.

The [
County
] Treasurer shall keep a record in a well-bound

book of all bonds issued and shall register therein the amount of

bonds issued, the numbers, the denomination, rate of interest, date

due, date of issue, the paying agent, the amount received, and the

purchaser. The said book shall be at all times open to the

inspection of all proper parties, either taxpayers or bondholders

or officials of the State or
a county in the District
[
County
].

When such bonds have been registered with the [
County
]

Treasurer, the
Board
[
Commissioners Court of said County
] shall set

a date for the sale of such amount of bonds as may be needed to

procure funds to construct the improvements then contemplated and

pay the expenses incident thereto, and after advertising said bonds

for sale by notice published once a week for two (2) consecutive

weeks, shall sell such bonds upon the best terms and for the best

price obtainable, but none of said bonds shall be sold for less than

the face value thereof and accrued interest thereon to date of

delivery, and the purchase price of such bonds shall be paid to the

[
County
] Treasurer and shall be by him placed to the credit of the

[
Harris County Flood Control
] District and said funds shall be

available for the construction of the project and its operation as

voted; provided that the accrued interest and premium received

shall be credited to the interest and sinking fund of the
District

[
County
] for such issue of bonds. No commission shall be paid for

the sale of any bonds.

All bonds approved by the Attorney General, registered by the

Comptroller, and issued and sold in accordance with the proceedings

so approved, shall be valid and binding obligations of the [
Harris

County Flood Control
] District [
of Harris County, Texas,
] and shall

be incontestable for any cause from and after the time of such

registration, except for forgery or fraud.

The
Board
[
Commissioners Court
] shall have the right to pay

all the necessary expenses incident to the printing, registering,

issuance, sale, and approval of such bonds.

Sec. 7. Form, Issuance
,
and Eligibility of Bonds. All bonds

issued under the provisions of this Act shall be issued in the name

of the [
Harris County Flood Control
] District [
of Harris County,

Texas
], and shall be signed by the
presiding officer
[
County

Judge
], attested by the
secretary
[
County Clerk
], and the seal of

the
District
[
Commissioners Court of Harris County
] shall be

affixed to each of them. Said bonds shall be registered with the

Harris
County Treasurer and his Certificate of Registration shall

be endorsed on said bonds. The
Board
[
governing body
] of the

[
Harris County Flood Control
] District, in the issuance of bonds

voted by the qualified taxpaying voters of said District, or in the

issuance of refunding bonds of said District, may issue such bonds

in any denomination it deems beneficial to the said District, as

determined in the order authorizing their issuance. The said bonds

shall bear interest at a rate not to exceed five (5) percentum per

annum, which interest shall be evidenced by attached coupons which

shall bear the facsimile signatures of the
presiding officer

[
County Judge
] and of the
secretary
[
County Clerk
]. Said interest

shall be payable annually or semi-annually as determined by the

Board
[
governing body
] of the [
Harris County Flood Control
]

District. The bonds shall mature serially or otherwise in such

number of years as may be determined by the
Board
[
Commissioners

Court
] not to exceed thirty (30) years.

Payment of principal and interest may be made at such places

as may be determined by the
Board
[
governing body
] of such District

in the Order authorizing the issuance of such bonds.

All bonds of the [
Harris County Flood Control
] District shall

be and are hereby declared to be legal and authorized investments

for banks, savings banks, trust companies, building and loan

associations, savings and loan associations, insurance companies,

fiduciaries, trustees and sinking funds of cities, towns and

villages, counties, school districts, or other political

subdivisions of the State of Texas, and for all public funds of the

State of Texas or its agencies, including the State Permanent

School Fund. Such bonds shall be eligible to secure deposit of any

and all public funds of the State of Texas, and any and all public

funds of cities, towns, villages, counties, school districts or

other political subdivisions or corporations of the State of Texas;

and such bonds shall be lawful and sufficient security for said

deposits to the extent of their value, when accompanied by all

unmatured coupons appurtenant thereto.

Sec. 8. State Laws Applicable. All existing State Laws,

General or Special, applicable to contracts and to the receipt and

disbursement of, and accounting for, public funds in
the District

[
Harris County
] are hereby made applicable to the contracts and to

the receipt and disbursement of, and accounting for, any funds

collected and disbursed under the terms of this Act. The provisions

of this Act shall be cumulative of any other laws upon the subject

matter.

Sec. 9. Use of Public Property. In the prosecution of the

flood control plans of the [
Harris County Flood Control
] District,

the District shall be recognized to have the right to make use of

the bed and banks of the bayous, rivers, and streams lying within

the District, subject to the prior right and authority of the
Port

of
[
Harris County
] Houston
Authority of Harris County, Texas,
[
Ship

Channel Navigation District
] over the navigable streams in the

Authority
[
Navigation District
] and the submerged lands heretofore

given by the State of Texas to that
Authority
[
Navigation

District
].

The [
Harris County Flood Control
] District shall have a right

of way and easement over and across the roads and highways of the

State and its subdivisions for the construction and maintenance of

the flood control projects of the District, subject, however, to

the concurrence of the
Texas Transportation
[
State Highway
]

Commission whenever such projects require the relocation or

bridging of State highways.

The District shall have the power and authority to overflow

or inundate any public lands and public property, and to require the

relocation of roads and highways, in the manner and to the extent

permitted to any district organized under General Laws, pursuant to

Section 59 of Article XVI of the Constitution of this State, as

amended.

Sec. 10. Eminent Domain. The [
Harris County Flood Control
]

District shall have the right and power of eminent domain for the

purpose of acquiring by condemnation any and all property of any

kind, real, personal, or mixed, or any interest therein, within the

boundaries of the District, necessary or convenient to the exercise

of the rights, powers, privileges, and functions conferred upon it

by this Act, in the manner provided by General Law with respect to

condemnation, or, at the option of the
Board
[
Commissioners Court
],

in the manner provided by Statutes relative to condemnation by

districts organized under General Law pursuant to Section 59 of

Article XVI of the Constitution of the State of Texas, as amended.

In condemnation proceedings being prosecuted by said

District, the District shall not be required to give bond for appeal

or bond for costs.

Sec. 11. Taxes. All laws of the State of Texas relating to

the assessing and collecting of State and County Taxes are by this

Act made available for, and shall be applied to, the collection of

both current and delinquent taxes of the [
Harris County Flood

Control
] District in so far as such laws are applicable.

Sec. 12. Officers. The
presiding officer, secretary,

treasurer, and Board of the District
[
County Judge, County

Commissioners
], the Assessor and Collector of Taxes
of each county

in the District
, [
the County Treasurer,
] and the
District's

depository are authorized to, and shall be required to, perform all

duties in connection with the [
Flood Control
] District required of

them by law in connection with official matters for [
Harris County,

and the County Auditor shall be the Auditor for
] the [
Harris County

Flood Control
] District [
and all of the provisions of Articles 1667

through 1673, as amended, Acts of the Forty-third Legislature,

Regular Session, 1933, shall apply to the Harris County Flood

Control District
].

Sec. 12-a. Tax Collector's Reports. If at any time after

the enactment of this law, the Legislature of the State of Texas

shall make any donation or grant or diversion or remission of taxes

to or affecting
a county in the District
[
Harris County, Texas,
] or

the
District
[
flood control district herein created, in H.B. 24 or

in H.B. 158, Acts Regular Session, Forty-fifth Legislature
], at the

end of each month [
after the effective date of such Act,
] the

Assessor and Collector of Taxes of
each county in the District

[
Harris County
] shall make an itemized report under oath to the

Comptroller of Public Accounts of the State of Texas on forms to be

furnished by the Comptroller showing each and every item of the

State taxes collected by him upon property and from persons within

the District; and he shall accompany the same with an itemized

statement listing all taxes received and showing full disposal of

all such taxes collected. The said Assessor and Collector of Taxes

shall forward his report to the Comptroller, and shall make a like

report to the
Treasurer
[
County Auditor,
] and [
he shall
] pay over to

the [
County
] Treasurer all moneys collected by him as State taxes so

donated or granted under Legislative authority, less such amounts

as are allowed by law for assessing and collecting same, and shall

remit the balance to the proper authority as required by then

existing laws.

The
Board
[
Commissioners Court
], in its discretion, may

utilize the tax funds donated and granted by the State of Texas for

the construction of flood control improvements and other

improvements and purposes authorized by such enactments and the

maintenance or operation thereof; or may deposit the same in a

sinking fund to pay interest on and to redeem bonds of said District

or other obligations issued for such purposes, in the manner

hereinafter provided.

Sec. 12-b. Issuance of Bonds. The
District may
[
County of

Harris, Texas, acting by and through its Commissioners Court, shall

have authority and it is hereby authorized to
] issue [
its
]

negotiable bonds secured by a pledge of [
any such
] taxes hereafter

donated, granted, diverted or remitted by the State of Texas to [
it

or
] the [
Flood Control
] District [
created herein by the terms of

H.B. 24 or H.B. 158 of the Regular Session, Forty-fifth

Legislature
], and the proceeds of the sale of such bonds may be used

for purchasing lands, easements, right of ways, structures, and for

the construction of improvements, including dams, reservoirs, and

all other works suitable for use in connection with the flood

control program and projects in
the District
[
said County
] and the

maintenance and operation thereof, and doing all things necessary

to the execution of the purposes for which the grant and donation is

made; provided, however, that the aggregate amount of bonds to be

issued shall not exceed such sum as the donation and grant of the

State taxes will service so as to pay interest and to create a

sinking fund sufficient to pay said bonds at maturity.

In the event the
Board
[
Commissioners Court of Harris County,

Texas,
] shall determine by a majority vote on a Resolution entered

of record, giving the reasons therefor and showing that a necessity

exists for utilizing any tax funds hereafter donated and granted by

the State of Texas for the issuance of bonds in order to facilitate

the construction of improvements and make funds immediately

available, said bonds may be issued in the form and manner

hereinafter prescribed. The bonds so authorized and issued in

accordance with the provisions of this Act need not be issued at one

time. The amount of money necessary to provide a sinking fund to

mature said bonds and to pay the interest thereon shall be set aside

annually from the first of such hereafter donated and granted funds

received from
an
[
the
] Assessor and Collector of Taxes and said

funds may not be diverted to any other purpose.
The Board
[
Officers

of the County
] and the
District's
Depository are forbidden to

authorize the payment of any amount from said State taxes hereafter

so donated and granted until there has first been set aside

therefrom an amount sufficient to cover all servicing charges for

the bonds for the year. Thereupon and after the
treasurer
[
Auditor
]

has filed a certificate showing the deposit to the interest and

sinking fund of a sufficient amount to cover such servicing charges

for the year, any taxes hereafter donated, granted, diverted or

remitted to [
Harris County or
] the [
Flood Control
] District

[
created herein by the State of Texas under the terms of H.B. 24 or

H.B. 158, Acts Regular Session, Forty-fifth Legislature,
]

collected during the remainder of the year may be utilized for

purposes consistent with this Act. Should the necessity arise, the

Board
[
Commissioners Court
] may supplement from its general funds

any State taxes hereafter donated and granted, but no tax shall ever

be levied or any debt be created against
a
[
the
] County
in the

District
for such purpose without a vote of the people. Any bonds

issued under this Section shall be in accordance with the

provisions of Subdivisions 1 and 2 of Title 22, Revised Civil

Statutes, 1925, and any amendments thereto
applicable to bonds

issued by a county
.

SECTION 2. Section 1, Chapter 406, Acts of the 50th

Legislature, Regular Session, 1947, is amended to read as follows:

Sec. 1. In eminent domain proceedings brought by the Harris

County Flood Control District, the District shall not be required

to give any security for costs at any stage of the proceedings. In

the event that the District should desire to take possession of the

property sought to be condemned, it may do so at any time after the

award of the
Special
Commissioners in eminent domain proceedings

shall have been filed with the Judge of the County Court
in which

the proceedings took place
, or County Court at Law
in which the

proceedings took place
as the case may be, upon deposit with the

County Clerk
of the county in which the proceedings took place
of

the amount of the award. The District shall not be required to

deposit any further sums, nor to give any bond for costs. No appeal

from the finding and assessment of damages by the
Special

Commissioners appointed for that purpose shall have the effect of

causing the suspension of work by the District in connection with

the land condemned or the right of way, easement or other interest

sought to be acquired. The findings of the
District's governing

board
[
Commissioners Court
] as to the plan of the work, the

necessity, the location and the type of improvement shall be final

and not subject to review except upon proof of actual fraud or

malfeasance in office.

SECTION 3. Sections 2 and 3, Chapter 407, Acts of the 50th

Legislature, Regular Session, 1947, are amended to read as follows:

Sec. 2. The time, place, manner and method of ordering,

giving notice of and holding the election, the questions and

propositions to be submitted, the form of the ballot, the time and

method of declaring the result and the issuance of the bonds shall

be governed as near as may be by the Statutes governing the holding

of elections and the issuance of [
county
] bonds as provided in

Chapters 1 and 2 of Title 22, Revised Civil Statutes, 1925[
, as

modified by the Statutes creating the Harris County Flood Control

District
]. The District may issue its bonds to mature serially or

otherwise not to exceed thirty (30) years after their date. The

governing body may also determine whether or not bonds shall

contain an option of redemption, and if so, the form and date of

such option. If the election be for a maintenance tax, then the

ballot shall have written or printed thereon the words "For the

Flood Control Maintenance Tax" and, "Against the Flood Control

Maintenance Tax," and the voter shall strike out one of said

expressions, leaving the other standing as his vote. When

authorized, the Board may thereafter levy annually a tax sufficient

to operate and maintain works and improvements owned or constructed

by the District, provided the amount of such tax does not exceed the

limit authorized.

Sec. 3. The Board shall have authority to issue refunding

bonds bearing the same or a lower rate of interest to refund any

bonds of the District theretofore issued and outstanding.

Refunding bonds may be issued serially or otherwise for any term of

years not exceeding thirty (30). Statutes governing refunding of

county bonds shall apply to refunding bonds of the [
Harris County

Flood Control
] District so far as applicable, except where

otherwise expressly provided by the laws relating to said District.

SECTION 4. Section 4, Chapter 118, Acts of the 58th

Legislature, Regular Session, 1963, is amended to read as follows:

Sec. 4. a. After the governing body of the District has

completed such hearings and shall have found that the establishing

of such building setback lines is for the public health, safety and

general welfare of the people within the District, and for the

accomplishment of the purposes of Section 59 of Article XVI of the

Constitution of the State of Texas, as amended, said governing body

shall pass its resolution adopting such building setback lines.

Such resolution shall contain a description of the area included

within such building setback lines by either field notes or by map

or plat or by both, and a certified copy thereof shall be filed for

record immediately with the County Clerk
of the affected county
[
of

Harris County
].

b. Thereafter the governing body of the District may, upon

public hearing with like notice thereof, amend, supplement, grant

exceptions thereto, or alter the building setback lines so

established as may be determined necessary under the same standards

as provided in "a" above.

SECTION 5. Section 1, Chapter 409, Acts of the 73rd

Legislature, Regular Session, 1993, is amended to read as follows:

Sec. 1. RECREATIONAL AND ENVIRONMENTAL IMPROVEMENTS. (a)

The Harris County Flood Control District, in connection with flood

control facilities and projects, may provide for or participate in

the development, operation, or maintenance of:

(1) linear parks along drainage courses maintained and

operated by the district;

(2) hike and bike trails;

(3) nonenclosed recreational facilities, including

game fields and playgrounds; and

(4) other environmental improvements, including

public or private nature reserves or wildlife habitat restoration

and improvement projects.

(b) In order to carry out the purposes of Subsection (a) of

this section, the district may execute contracts or enter into

cooperative agreements with:

(1) the federal government, a federal agency, or a

federally sponsored organization;

(2) the state, a state agency, a political subdivision

of the state, or any unit of local government;

(3) a nonprofit corporation or foundation;

(4) a private individual or corporation; or

(5) a public service organization or neighborhood

association.

(c) The district may use property, rights-of-way,

easements, or other land owned or managed by or otherwise available

to the district for the purposes of Subsection (a) of this section.

(d) The use by the district of any property owned or managed

by or otherwise available to the district for the purposes of

Subsection (a) of this section is determined to be consistent with

the use of that property for flood control purposes if the

improvements do not significantly impede the flow of floodwaters or

reduce the carrying capacity of the drainage facilities of the

district.

(e) The district shall exercise its powers and use its

property under this section:

(1) in an environmentally sensitive and aesthetically

pleasing manner that promotes public health, safety, and welfare;

(2) in compliance with all state and federal

requirements, including requirements imposed by law, by rule or

regulation, by grant conditions, or by program standards; and

(3) in a manner that qualifies for any reasonably

available source of funding for the improvements to be made.

(f) The district may spend its own funds for the purposes of

this section. The capital cost to the district of parks, trails,

facilities, and improvements under this section may not exceed five

percent of the total cost of the flood control facilities and

projects with which the improvements are associated. This section

does not limit the expenditure of funds from sources other than

taxes collected by the district.

(g) The exercise of powers, expenditure of funds, and use of

property by the district under this section are subject to the

control and discretion of the
governing body of the district

[
commissioners court
].

SECTION 6. Section 1, Chapter 410, Acts of the 73rd

Legislature, Regular Session, 1993, is amended to read as follows:

Sec. 1. (a) The Harris County Flood Control District may

engage in wetlands mitigation projects and programs as provided by

Article 6, Chapter 3, Acts of the 72nd Legislature, 1st Called

Session, 1991 (Article 5421u, Vernon's Texas Civil Statutes), and

its subsequent amendments.

(b) The [
Harris County Flood Control
] District may provide

for or participate in the development, operation, or maintenance of

local, state, or federal storm water quality control and

improvement programs.

SECTION 7. The following provisions are repealed:

(1) Section 3A, Chapter 360, Acts of the 45th

Legislature, Regular Session, 1937; and

(2) Chapter 196, Acts of the 51st Legislature, Regular

Session, 1949.

SECTION 8. (a) As soon as practicable after the effective

date of this Act, the governor shall appoint members to the

governing body of the Harris County Flood Control District as

required under Section 1D, Chapter 360, Acts of the 45th

Legislature, Regular Session, 1937, as added by this Act.

(b) At the first meeting of the governing body of the Harris

County Flood Control District that follows the effective date of

this Act, the five directors appointed by the governor shall draw

lots to determine which two directors will serve terms that expire

on January 1, 2027, and which three directors will serve terms that

expire on January 1, 2029.

(c) A member of the governing body of the Harris County

Flood Control District serving on the effective date of this Act

shall continue in office until the member's successor is appointed

and qualifies for office.

SECTION 9. The Harris County Flood Control District retains

all rights, powers, privileges, authority, duties, and functions

that it had before the effective date of this Act.

SECTION 10. (a) The legal notice of the intention to

introduce this Act, setting forth the general substance of this

Act, has been published as provided by law, and the notice and a

copy of this Act have been furnished to all persons, agencies,

officials, or entities to which they are required to be furnished

under Section 59, Article XVI, Texas Constitution, and Chapter 313,

Government Code.

(b) The governor, one of the required recipients, has

submitted the notice and Act to the Texas Commission on

Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed

its recommendations relating to this Act with the governor, the

lieutenant governor, and the speaker of the house of

representatives within the required time.

(d) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

to the notice, introduction, and passage of this Act are fulfilled

and accomplished.

SECTION 11. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.